CHAPTER 13
CHILDREN AND YOUNG PERSONS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
SPECIAL PROVISIONS AS TO PROCEDURE

   3.   Juvenile courts.

   4.   Bail for children and young persons.

   5.   Association with adults whilst in custody.

   6.   Juvenile court may dispose of all cases other than homicide.

   7.   Children and young persons may be remanded to the care of a fit person or institution.

   8.   Court's duty to explain charge.

   9.   Accused to be asked to show cause.

   10.   Accused may be convicted on plea of guilty.

   11.   Attendance, appearance and hearing in juvenile court.

   12.   Cross-examination of witness.

   13.   Defence.

   14.   Procedure upon conviction.

   15.   Attendance at court of parent of child or young person charged with an offence.

   16.   Determination of age.

   17.   Persons appearing to be of the age of sixteen years or more.

PART III
PUNISHMENT OF JUVENILE OFFENDERS

   18.   Probation orders.

   19.   Power to vary conditions of release.

   20.   Provision in case of offender failing to observe conditions of release.

   21.   Power to order parent to pay fine instead of child or young person.

   22.   Imprisonment.

   23.   Alternative punishment in certain cases.

   24.   When approved school order may be made.

   25.   Young person may be brought before a court in certain circumstances.

PART IV
APPROVED SCHOOLS

   26.   Approved schools.

   27.   Appointment of Board of Visitors.

   28.   Powers of Board.

   29.   Approved school orders.

   30.   Approved school orders may be suspended.

   31.   Authority for detention.

   32.   Extension of period of detention.

   33.   Power of manager to bring persons detained before a court.

   34.   Transfer of incorrigibles, etc., to prison.

   35.   Discharge and transfer from approved school.

   36.   Release on licence.

   37.   Enforcement of approved school orders made in Zanzibar.

PART V
APPEALS AND REVISION

   38.   Time for appeal.

   39.   Revision.

   40.   [Repealed.]

   41.   Approved school order to take effect pending consideration by High Court.

PART VI
GENERAL PROVISIONS

   42.   Power to make rules.

   43.   Application to primary courts.

   44.   Effect of Act on other laws.

CHAPTER 13
THE CHILDREN AND YOUNG PERSONS ACT

An Act to provide for the treatment of delinquent children and young persons and for related matters.

[23rd April, 1937]

R.L. Cap. 13
Ords. Nos.
3 of 1937
36 of 1940
13 of 1944
5 of 1946
25 of 1947
38 of 1948
37 of 1956
R.L. Cap. 13
G.Ns. Nos.
478 of 1962
73 of 1965
Acts Nos.
55 of 1963
5 of 1964
15 of 1980
9 of 1996

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Children and Young Persons Act.

2.   Interpretation Ord. No. 37 of 1956 s. 2; G.N. No. 478 of 1962">

   In this Act, unless the context requires otherwise–

   "approved school" means a school established by the Minister under the provisions of section 26 or any place or institution declared to be an approved school under the provisions of that section;

   "Board" means a Board of Visitors appointed by the Minister under the provisions of section 27;

   "child" means a person under the age of twelve years;

   "guardian" means in relation to a child or young person includes any person who, in the opinion of the court having cognisance of any case in relation to the child or young person or in which the child or young person is concerned, has for the time being the charge of or control over the child or young person;

   "juvenile court" means a district court sitting as prescribed in subsections (1) and (2) of section 3 for the hearing and determination of cases relating to children or young persons;

   "manager" means the person or body of persons appointed as such under the provisions of section 26;

   "Minister" means the Minister responsible for social welfare;

   "young person" means a person who is twelve years of age or more but under the age of sixteen years.

PART II
SPECIAL PROVISIONS AS TO PROCEDURE (ss 3-17)

3.   Juvenile courts Acts Nos. 15 of 1980 Sch.; 4 of 1998 s. 28">

   (1) A district court when hearing a charge against a child or young person shall, if practicable, unless the child or young person is charged jointly with any other person not being a child or young person, sit in a different building or room from that in which the ordinary sittings of the court are held.

   (2) Notwithstanding subsection (1), if in the course of any proceedings in a district court it appears to the court that the person charged or to whom the proceedings relate is under the age of sixteen years the court shall continue with the hearing and determination of the case in accordance with the provisions of this Act and that court shall be deemed to be a juvenile court.

   (3) If in the course of any proceedings in a juvenile court it appears to the court that the person charged or to whom the proceedings relate is of the age of sixteen years or more the court shall proceed with the hearing and determination of the case in accordance with the provisions of the Criminal Procedure Act * but it shall not be necessary for the court to adjourn the case into the public court room unless the court considers it desirable to do so.

   (4) Provision shall be made for preventing persons apparently under the age of sixteen years whilst being conveyed to or from court, or whilst waiting before or after their attendance in court, from association with adults charged with or convicted of any offence other than an offence with which the person apparently under the age of sixteen years is jointly charged or convicted.

   (5) Where a child of less than eighteen years of age is a witness, a victims an accused or a co-accused in a case involving a sexual offence, the child shall be tried in camera and separately from the adult co-accused, or the evidence of the child shall be adduced in proceedings conducted in camera.

   (6) In this section "sexual offence" means any of the offences created in Chapter XV of the Penal Code *.

4.   Bail for children and young persons

   Where a person apparently under the age of sixteen years is apprehended with or without a warrant and cannot be brought forthwith before a court, the officer in charge of the police station to which he is brought shall–

   (a)   unless the charge is one of homicide or any offence punishable with imprisonment for a term exceeding seven years; or

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